Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58964 of 2025 Arising Out of PS. Case No.-1351 Year-2023 Thana- COMPLAINT CASE - DANAPUR District- Patna ====================================================== 1.

Ravi Kumar S/O Bhola Singh Resident of village- Avraiya, P.S.- Koilwar, District-Bhojpur, at present resident of Asmi House, Flat No.503, Near D.P.S. School, Priyadarshi Nagar, Danapur, P.S.- Danapur, District- Patna, State- Bihar.

2.

Bikash Kumar Son of Akhila Nand Rai Resident of Ward No.12, Near Pokhra School, Balvant Tola, Brahamchari Sherpur Maner, P.S.-Maner, District- Patna, State- Bihar.

3.

Vivek Kumar Singh Son of Uma Shankar Singh Resident of -Tinkoni, East Champaran P.S.-Darpa, District-Motihari, State- Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subodh Rai @ Subodh Kumar Son of late- Devendra Rai Resident of Saguna, P.S.- Danapur, District-Patna, State-Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case

2/4 registered for the offences punishable under Sections 341, 323, 379, 384, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioner nos. 1 and 2 are persons with clean antecedent and petitioner no. 3 has antecedent of one case and the complainant alleges that he entered into a development agreement with Abhishek Kumar for construction of a multi-storied building on his land, but the work did not start, on inquiry, it transpired that Abhishek has closed his office and fled, thereafter the complainant got the development agreement cancelled and started construction on his land in the year 2022 and constructed a five storied building, further Abhishek along with other accused persons came while complainant was constructing his South side boundary, when Abhishek demanded extortion of Rs. 50 Lakhs and threatened with pistol, on which the complainant gave an amount of Rs. 10,000/- while Vikash and Ravi snatched his chain and Rado watch respectively.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the complainant. It is further submitted that from perusal of the allegation as alleged in the complaint, it would manifest that complainant himself alleges that he had entered into a development agreement with Abhishek, but then the development

3/4 agreement was not given effect to and the agreement was subsequently cancelled, which amply demonstrates that Abhishek and the complainant were known to each other from before, as such, they entered into a development agreement. It is also submitted that on account of dispute relating to development agreement, the present false case came to be instituted. It is next submitted that it does not appear probable that extortion of Rs. 50 Lakhs would have been demanded and the accused would have been satisfied with Rs. 10,000/- which the complainant alleges that he gave to Abhishek. It is further submitted that as far as allegation of snatching chain and watch is alleged, the same is ornamental to give a serious colour to the case. It is next submitted that no specific allegation is alleged against the petitioner no. 3 i.e. Vivek Kumar Singh. It is also submitted that Abhishek Kumar had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 25050 of 2025 and the same was allowed by an order dated 05.05.2025.

5. Learned A.P.P. for the State opposes the anticipatory bail application of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on

4/4 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 1351(C) of 2023 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T